New
strategy for oil explorationNEW
DELHI, Jan 9  A new strategy for
establishing joint ventures for explorations in
oil in India and abroad will soon be unveiled by
government.

Limit
office term for politiciansJAIPUR, Jan 9
 Former Finance Minister, Mr P. Chidambaram, today
suggested that there should be a limit on the term of
office of politicians, including the PM, the CMs and
parliamentarians.

Hosiery faces new threatsLUDHIANA, Jan
9  New threats and fresh challenges, which may
threaten the very existence of the hosiery industry here
in the next millennium has spurred some of
Ludhianas leading apparel exporters to put their
heads together to chart out a comprehensive strategy for
facing them.

Changes
in buyback ordinanceNEW DELHI,
Jan 9  Bowing to the demands of the corporate
sector, the Government has made important changes in the
ordinance on buyback of shares by companies freeing them
from the obligation to seek financial institutions
permission to make inter corporate investments.

Titanic tops
98 US music salesLOS
ANGELES, Jan 9  The soundtrack to the
movie, Titanic, was the best-selling album of
1998 in the USA, selling over 9.3 million albums,
entertainment data collection company, Soundscan,
has added.

NEW DELHI, Jan 9 
The Prime Minister has constituted a Special Group of
Ministers to attract foreign investors in the high
potential oil and natural gas sector.

The Group will work out a
time-bound plan to accelerate the process of reforms in
the oil sector, Prime Minister Mr Atal Behari Vajpayee
said here today.

The Special Group will
work out the specific framework for creating a
India Hydrocarbon Vision 2020 and submit its
report to the Prime Minister within six weeks, Mr
Vajpayee said while inaugurating four-day international
conference on petroleum and allied sectors
Petrotech 99  organised by the Indian Oil
Corporation (IOC) here .

Urging foreign investors
to capitalise on the excellent opportunities for
investment in exploration and production in India,
Mr Vajpayee said that we want our country to become
a major hydrocarbon power of the world in the near
future.

I would therefore
urge the oil companies and investors around the world to
work out their plans for making Indian their priority
destination for investment and growth, Mr Vajpayee
said.

Expressing concern about
the falling self sufficiency of the country, he said that
the government is looking at oil and gas demand
increasing at a sustained rate of about 8 per cent
compared to the world average growth in petroleum demand
at 1.5 per cent. Therefore it is essential to
mobilise technology and finance to accelerate exploration
and production of oil and gas in India, he said.

With the
announcement of the India Hydrocarbon Vision 2020, I am
sure the process of reforms in the petroleum sector will
be accelerated in a time-bound frame, Mr Vajpayee
said adding that before submitting its report the Group
will interact closely with the private sector and
professionals.

The government is also
examining decanalisation of imports with a suitable
tariff regime to integrate the domestic and the
international market, the Prime Minister said.

The government is also
planning to construct national oil and gas pipeline grids
to facilitate effective distribution with minimum cost as
inadequate infrastructure is causing constraints in trade
and industry including the oil sector, he said.

Regarding restructuring of
Public Sector Undertakings (PSUs), Mr Vajpayee said that
a credible plan for restructuring all PSUs will be
announced, including steps to sell the governments
equity while at the same time safeguarding the strategic
aspect of national oil security.

We are restructuring
all the PSUs to provide them the required operational
flexibility and autonomy. This process will be
accelerated, he said.

The government plans
to disinvest in oil PSUs that are highly profitable. This
is consistent with my governments desire to
withdraw from the commercial sector and focus on the
social sector, Mr Vajpayee said.

The government is also
taking steps through diplomatic and commercial channels
to develop hydro-carbon cooperation in Indias
neighbourhood to the mutual benefit of all the countries,
the Prime Minister added.

Regarding the new
exploration and licensing policy, the Prime Minister said
that it has a favourable fiscal regime. To
facilitate the working of serious investors, we will
further improve the structure of incentives, he
added.

Definite steps have also
been taken to de-control and de-regulate the oil industry
in the country which has so far been entirely with the
public sector.

The Prime Minister said
that a specific time-table has been announced to
completely decontrol the marketing by March 31, 2002 with
simultaneous initiation of tariff reforms.

NEW DELHI, Jan 9  A
new strategy for establishing joint ventures for
explorations in oil in India and abroad will soon be
unveiled by government.

Announcing this at a
special session of Petrotech 99 here today, the Union
Minister for Petroleum and Natural Gas K. Ramamurthy said
that this programme will set into motion a new initiative
where exploration risks, managerial efficiency,
application of modern technologies and attendant benefits
would be shared between the national oil companies and
joint venture partners.

The entire energy sector,
which had moved from the private sector to the public
sector, would be deregularised by March 2002, the
minister said.

In addition, to supplement
the efforts of oil companies in upstream sector,
downstream oil companies in India have been allowed to
invest in exploration and production both in India and
abroad. To this end, these oil companies will be allowed
join hands with foreign companies, he said.

In order to increase the
pace of exploration and production in the country, 48
more blocks are proposed to be offered under the New
Exploration Licensing Policy (NLEP).

These include 10 onshore
blocks, 26 offshore blocks upto 400 metres of water depth
and 12 deep water blocks.

Regarding additions to
refining capacity, Mr Ramamurthy said that in the next
five years refining capacity is expected to double from
the current level of about 68 MMTPA.

Moreover, it is expected
that the product pipeline capacity will be increased
three-fold in the next three years following formation of
a holding company Petronet India Ltd.

NEW DELHI, Jan 9 (PTI)
 Bowing to the demands of the corporate sector, the
Government has made important changes in the ordinance on
buyback of shares by companies freeing them from the
obligation to seek financial institutions
permission to make inter corporate investments.

The ordinance reissued on
Thursday by the President K.R. Narayanan, however,
restricts the corporates to buyback only 25 per cent
shares of their paid up capital.

Funds used for the purpose
are not to exceed 25 per cent of the paid up capital and
free reserves. Also, free reserves have been defined now
for the purpose of buyback, an official release here said
today.

The new provisions of the
repromulgated companies (amendment) ordinance, 1999,
withdraw the powers of the Board of Directors to decline
or suspend registration of shares of nominees.

The buyback ordinance was
reissued as the earlier one was due to expire tomorrow.
Under the constitution an ordinance promulgated by the
government lapses unless it is approved by Parliament
within six weeks of commencement of the session.

The release said changes
had been made to make some of the legal provisions more
simple, practical and to remove ambiguity in respect of
some of the provisions.

The fresh ordinance has
also extended to seven years from five years the transfer
of unclaimed dividends from a company to the investor
education and protection fund.

LUDHIANA, Jan 9  New
threats and fresh challenges which may threaten the very
existence of the hosiery industry here in the next
millennium has spurred some of Ludhianas leading
apparel exporters to put their heads together to chart
out a comprehensive strategy for facing them.

We have so far been
thriving in a protected market, says a concerned Mr
Sanjeev Gupta, one of the better known apparel exporters
of Ludhiana. We have seldom worried about quality
nor taken into account the changing fashions, designs,
consumer preferences and tastes in a regulated manner.
All that is now set to change. The existing WTO system
under which each country was allocated an export quota
for garments is due to end in 2005. After that, each
country will be free to compete in the open world market
and maximise its apparel exports.

The rise of China and
Taiwan as worlds leading quality apparel exporters
should serve as a warning to Indian exporters. But the
fact of the matter is that no coherent thinking has
started in Ludhiana so far. Therefore, Ludhiana industry
may well be wiped out of the world markets after 2005,
warns Mr Gupta. In Angora segment, China has already
captured our share in CIS.

Christened as the Apparel
Exporters Association of Ludhiana (APPEAL), the
group consists of 14 members at present. Our number
may be small but we account for nearly 50 per cent of the
total apparel exports from Ludhiana to European Union and
the USA, says Mr Gupta who has been elected
president. Other office-bearers include Mr Ajay Marjana
(Secretary), Dr Prem Kumar (adviser) and Mr Chaman
Dhanda, (consultant, United Nations Industrial
Development Organisation). They together with Mr Ashwani
Dhawan, Mr Sanjiv Jain, Mr Surinder Jain, Mr Anil Jain
and Mr Rajan Mehra form the core group of the outfit.

Russia was the most
favoured export destination for Ludhiana hosiery industry
with almost 80 per cent share in total exports of
approximately Rs 600 crore. It also exported to some
extent to the European Union and the US markets during
the last one decade. With Rs 100 crore (US $ 25 million)
exports to these markets, most of these manufacturers are
sub-contractors to the internationally reputed branded
knitwear producers.

The group is therefore, of
the view that in order to realise the full potential of
the industry, it is imperative to formulate effective
growth strategies, create facilitating institutions and
strong infrastructure facilities. The group intends to
overcome some of the common problems of the knitwear
export industry. The United Nations Industrial
Development Organisation is helping APPEAL in removing
some of the major constraints of the knitwear exporters.

The APPEAL will host a
seminar on Knitwear Vision 2005 on Monday
where some of these problems will be discussed. Mr Braham
Dutta, Joint Secretary, Small Scale Industry, Government
of India will be the chief guest. Others who will
participate along with nearly 100 delegates include Mr
Ranjit Singh Talwandi, Chairman, PSIEC, and Mr D.S, Guru,
Director, Industries, Punjab.

JAIPUR, Jan 9 
Former Finance Minister, Mr P. Chidambaram, today
suggested that there should be a limit on the term of
office of politicians, including the Prime Minister, the
chief ministers and parliamentarians.

He was also of the opinion
that only literate and qualified persons should be
allowed to hold important office.

Addressing the concluding
session of the fifth partnership summit, organised by the
Confederation of Indian Industry, Mr Chidambaram said as
the country prepares to enter the next millennium and the
next century good governance would hold the key to the
success of the country.

Mr Chidambaram who in the
absence of the Defence Minister, Mr George Fernandes, and
the Planning Commission member, Mr Montek Singh Singh
Ahluwalia, emerged as the key speaker of the day
demonstrated that even today he was a hot favourite with
the captains of Indian industry and international
delegation.

Mr Chidambaram felt it was
too ambitious to set an agenda for the next millennium as
it was too long a period. He said even looking back
hundred years shows how much things have changed.
Telephones, rockets, space stations and other
developments were unthinkable hundred years ago, he
added.

Talking on good
governance, he said politics should not be a life long
profession for any person and the term of office for them
should be limited.

Regarding the
qualifications for politicians, Mr Chidambaram, said the
world was becoming more knowledge-based and technical. He
said a Minister dealing with subjects like ports, surface
transport, and telecom needed to grapple with some highly
technical and complicated details and an illiterate man
could not handle it.

He blamed the voters for
the rot in the political system and said they must
eliminate corrupt and dishonest politicians. There should
be a premium on educated people, he felt.

Account ability had become
the biggest casualty of the 20th Century in India and
this trend needed to be reversed. The Lok Sabha member
said accountability would be the single most important
criteria for good governance in the next century.

Mr Chidambaram was of the
hope that the next generation, which was more intelligent
and educated, would steer the country towards a new
destination in the next century.

India should keep itself
open to new ideas and technology and encourage
competition. There was need to aim at efficiency in every
field and India must move in tune with the world and not
take a different course, Mr Chidambaram warned.

Later addressing a press
conference, Mr Chidambaram said the governments
decision to increase import duty on gold was not
justified and it was a reversal of the earlier policy to
liberalise import of gold. He felt the new measure would
not bring in any significant revenue gains for the
government.

On the floundering Indian
economy, Mr Chidambaram said since March 30, 1997, when
the Gowda Government was pulled down there was political
instability in the country. He said the BJP slogan of
able Prime Minister, stable government had
not proved right and even today the perception was that
there was political instability in India. He said
economics cannot be divorced from politics.

On the present state of
Indian economy, Mr Chidambaram said during the current
year, agriculture would do well and add to GDP services
sector too was satisfactory. It was the manufacturing
sector in industrial growth and exports that were causing
worry. He said export growth had become negative for the
first time in 1998-99 and this was dangerous.

On the governments
disinvestment programme, Mr Chidambaram said the entire
policy was suspect and questionable. The
governments disinvestment plans were more of a
sleight of hand rather than genuine disinvestment.

On reigning in the fiscal
deficit, Mr Chidambaram said the government should
concentrate on reducing non-plan expenditure.

The Hyundai proposal was
among the 41 applications, amounting to a foreign direct
investment inflow of Rs 720 crore, which was cleared by
the board today, sources said here.

The other major proposal
given the go ahead include applications by the Toyota
Group to set up component manufacturing units, by
Novartis holdings for producing seeds and by Henkel-Spic
to issue non-convertible redeemable preference shares.

The Korean giant had
earlier offloaded 14.2 per cent stake in its wholly-owned
subsidiary in favour of institutions. The company is now
bringing in $ 138 million to acquire this stake. With
this the total equity of the company would go up to $ 350
million.

Novartis holdings of
Switzerland has been allowed to invest Rs 3.10 crore
foreign equity for setting up a 100 per cent subsidiary
in Pune for production of seeds. The approval is subject
to the condition that the company would not produce
terminator seeds and the requirements of bio-technology
would be applicable on them.

Nine proposals in the
automobile sector were given the nod, including two
applications of Toyota Tsusho Corporation (TTC), the
trading arm of Japan-based Toyota Motor Corporation. Both
the ventures would be part of the component network which
Toyota is setting up for its India venture under which
the first multi-utility vehicle would roll out by the
year-end. The units would be located at the Toyota
ancillary park in Bangalore.

TTC has been allowed to
set up a joint venture with Kirloskar Systems for
fabrication and processing of steel products and
components for automobiles. The company would bring in Rs
12 crore foreign equity to pick up 95.40 per cent stake
in the joint venture.

Besides, TTC, along with
Asian Seike  a component manufacturing arm of the
Toyota Group  is setting up a unit to manufacture
several automotive components. Together, the foreign
partners would hold 70 per cent stake in the venture.
Aisin Seiki is engaged in the manufacture of door locks,
window regulators, brakes, clutches and fuel injection
systems.

Mannesmann Sachs of
Germany has been given the nod to bring in Rs 2.03 crore
to pick up an additional 29 per cent stake in its ailing
joint venture company in Solan, Himachal Pradesh, by the
same name. This is as per the revival package prepared by
the BIFR, besides hiking its holding in the joint venture
from 51 per cent to 80 per cent, Mannesmann would also
provide technology support to introduce newer and more
competitive products in the Indian market. The joint
venture is presently engaged in the manufacture of shock
absorbers and other automobile components, the sources
added.

The Netherlands-based
Prebon Holdings has been allowed to set up a venture for
indulging in stock broking and merchant banking
activities. The company would invest Rs 2.5 crore to pick
up 51 per cent stake in the venture.

LOS ANGELES, Jan 9
(Reuters)  The soundtrack to the movie, Titanic,
was the best-selling album of 1998 in the USA, selling
over 9.3 million albums, entertainment data collection
company, Soundscan, has added.

Coming in a distant second
was Canadian Pop diva Celine Dions Lets
Talk About Love which sold 5.8 million albums. Both
albums, released by Sony Music, contained the
chart-topping ballad, My Heart Will Go On.

Five of the top 10
bestsellers of the year were released by Sony. Since its
November, 1997 release, the Titanic soundtrack has sold
more than 25 million copies worldwide, making it the
best-selling soundtrack of all time.

The album, which topped
the Billboard charts for 16 weeks, contained the James
Horner score to the hit movie as well as Dions
haunting ballad, which smashed radio play records in the
USA even before it was released as a single. Indeed, the
album was such a success that it even spawned a second
sound track album, Back to Titanic and
started a cottage industry as smaller record companies
released Titanic-related albums to capitalise on the
craze.

All told 711 million
albums were bought in 1998, up from 651.8 million the
previous year, Soundscan said. Teenage heart-throbs,
Backstreet Boys, claimed third place, selling 5.7 million
copies of their debut offering, Backstreet Boys. Canadian
country bombshell Shania Twain held fourth position with
4.8 million copies of her Mercury Records release, Come
on Over.

In fifth place was boy
group N-Sync, whose self-titled RCA debut album sold 4.4
million copies. Another soundtrack, for the film
City of Angels, racked up sales of 4.1
million, making it the sixth best-seller of the year. It
was helped by hit singles from Alanis Morissette and the
rock band, Goo Goo Dolls.

CHANDIGARH, Jan 9 
Mr S.S Kohli, Chairman and Managing Director of the
Punjab and Sind Bank honoured Mr Baljit Singh Saini,
Olympian for his outstanding performance while playing
for Indian Hockey team at Bangkok, which won gold medal
for the country. He was allowed two increments along with
Rs 31,000 as cash award by the bank. The function was
held at banks head office in New Delhi.

NEW DELHI, Jan 9 (PTI)
 Silver made another jump on the bullion market
following persistent buying support from stockists and
closed with further gains. Gold also moved up slightly on
scattered buying by local parties. The quotations: Silver
.999 (ready) 7760, delivery 7760, coins buyer 10,700 and
seller 10,800. Standard gold 4450, ornaments 4300 and
sovereign 3800.

Chinese
experts for licensed sex shops

Alarmed at the mushrooming
of sex shops nationwide, Chinese medical experts have
urged the government to bring order to such businesses by
opening government licensed shops.

The government must issue
business licences to sex shops to standardise their
activities, Li Zeyou, a member of Chinas sexuality
society (CSS) was quoted as saying by the official Xinhua
news agency.

The fledgling sex
health business, which can be a boon to China in terms of
population control, is doomed if such a trend is left
unchecked, Li said at a medical seminar. 
PTI

Cathay, which employs
5,500 flight attendants, is demanding employees fly an
extra eight hours a month to earn a 3.5 per cent rise.

Other options are to work
the same number of hours for the same money or take a
voluntary severance package, Hong Kongs South
China Morning Post reported.

Our contracts do not
say we have to smile, said Becky Kwan Siu-Wa, who
chairs the flight attendants union representing
three-quarters of cabin crew, adding, other types of
action were also being considered.  PTI

Scotland
pride

Among the more desirable
wool textiles of the world, Harris Tweed recently arrived
in India courtesy Scottish Tweeds. Mr R.S. Sekhon,
Chandigarh-based Scottish Tweeds distributor and agent
for India, Nepal and Bhutan said that the company wanted
to popularise the concept of tweeds in India especially
among younger generation.

Mr Sekhon said that Harris
Tweed is now available in all Indian metros at prices
beginning at Rs 7,500 that scale Rs 9,000 per length. The
tweed is available in three weights standard, light and
feather.  TNS

In
majority

Despite all those partying
singles and unwed parents on US television, the typical
American adult is still married and living with his or
her spouse.

Some 110.6 million
Americans aged 18 and over are married and living with
one another last year, the census bureau has reported.
Thats 56 per cent of the adult population. Though
it is a share that has been declining for years, married
are still the majority.

The percentage of
married adults has been fading because of the increase in
the never married and divorced population, said
census population expert, Terry A. Lugaila. In 1970, 68.4
per cent of adults lived as married couples, she noted.

But the decline has
slowed, with most of the decrease having occurred in the
1970s and 1980s when the divorce rate was rising and many
young adults were postponing marriage to pursue education
and careers.  AP

No
act

A British pantomime star
brought the house down when he dropped on one knee and
proposed to his stunned 24-year-old co-star on stage.
Paul Oldham stopped the climactic wedding scene on the
final night of Aladdin, in Rochdale near
Manchester, to pop the question. When Helen Burton, whom
he had met just four weeks earlier, burst into tears and
said Yes, the capacity audience erupted in
cheers for the couple.

Id never met
her before, but when the cast gathered for the first time
I just thought this girl is gorgeous, the British
Press Association news agency quoted Oldham as saying.

On Christmas day, the
couple went to a pub and he asked her to marry him.
She accepted without hesitation, but there were no
friends or family and I thought what was the best way to
led them all know in style?, said Oldham.

Virginity
test

Turkeys Justice
Minister has ordered officials to stop the practice of
forced gynaecological exams to determine if women and
girls are virgins.

Hasan Denizkurdu issued a
decree banning the practice, saying the exams hurt the
dignity, modesty and feelings of women. According
to the decree, exams can only be required by a judge if
such tests are required as evidence in criminal cases.

Girls in State orphanages,
prisoners and sometimes even foreign tourists staying in
hotel rooms with male companions have been subjected to
gynaecological tests against their will.

While human rights groups
have long denounced the practice, many conservative
Turkish families defend the tests as a way of deterring
girls from straying and damaging marriage prospects.

Sex before marriage is
frowned upon. Women wear red ribbons on their wedding
gowns to signal their virginity. The exams have been
carried out despite not always being accurate proof of
virginity.

Womens rights
advocates have welcomed the decree. Restricting the
framework of the tests and putting the tests under strict
control was the required thing to do, said Feride
Acar, a professor of womens studies at
Ankaras Middle East Technical University.

by R.N.
Lakhotia

Q: My
individual income during the financial year 1991-92 was
as under:

a) Income from military
pension Rs 7,488
b) Rent from a house Rs 32,900
c) Intt. on SB a/c & FDR Rs 6,559

Total: Rs 46,947

I do not know the
exemption limit during that year i.e. 1991-92. Similarly
I do not know the standard deduction as well as the
exemption for repair of the house.

Kindly inform me as to my
liability for the individual income tax for that year.

Please give your address
as well as telephone No. so that certain income-tax
advices may be obtained personally by prior appointment.


G. Lal, Chandigarh

Ans: For
the assessment year 1992-93 the Income-tax exemption was
Rs 22,000. Even after the granting of standard deduction
from the pension income and the standard deduction re:
repairs from the rental income as also deduction u/s 80L
in respect of the bank FDR interest, you were liable to
file your Income-tax return in respect of Assessment year
1992-93. Now the time for filing the tax return for the
said year has already lapsed. If by chance you receive a
notice from the Income-Tax Officer for the purposes of
re-assessment you may then file your return and pay tax
accordingly. My mailing address is S-228, Greater
Kailash-II, New Delhi-110048. My phone No. is 6415434 and
6447768.

Q: I am
serving government employee and I am supposed to
investment in ULIP of UTI qualifies for income-tax rebate
u/s 88 whether the dividend income from ULIP which stands
reinvested in the units of ULIP is tax free or not. If
the amount of dividend is tax free then how the
calculations are to be made vice versa?


M. Ram, Pathankot

Ans: The
income received by you from UTI re: ULIP is strictly
speaking not dividend income. The same is not completely
exempt u/s 10(10D) of the Income-Tax Act, 1961, unless it
is received from the LIC. However, the same will qualify
for exemption u/s 80L of the Income-Tax Act, 1961.

Q: I
received Rs 50,000 as net Long-term Capital Gain from the
sale of shares in the assessment year 98-99. Have I to
pay I. Tax @ 20 per cent on this L.T. capital gain, when
my income is only Rs 14,000 and I am also allowed Rs
10,000 as senior citizen tax rebate?

If yes, will be it be
refunded against long term capital loss from sale of
shares in the subsequent years.

3. Within
which period the long term capital gain from the sale of
shares/house etc. can be invested in the purchase of
house, permitted securities or shares etc. To claim
exemption from this long term capital gain tax.


Dalbir Kaur, Amritsar

Ans: On
the facts stated by you there will be no liability to tax
on you in respect of the capital gains received by you
amounting to Rs 14,000 only. This is because of the fact
that the total taxable income including the long-term
capital gains is less than Rs 40,000 being the exemption
limit for Assessment year 1998-99. Hence, you will not be
required to make payment of any Income-tax on account of
long-term capital gains. The difference between section
54 EA and section 54EB is that as per section 54EA for
availing tax exemption for the purposes of capital gains
the entire net sale consideration has to be invested in
certain specified securities while as per section 54EB
the investment of only long-term capital gains has to be
made in certain specified securities for claiming tax
exemption.

Section 48 of the
Income-tax Act, 1961 speaks about the mode of computation
of the capital gains. It also contains the concept of
Cost Inflation Index. Section 112 of the Income-Tax Act
contains the details of the tax to be paid in respect of
long-term capital gains. For claiming exemption of
long-term capital gains from the sale of shares, etc. the
investment in residential house property can be made
either within the period of one year before or within 2
years after the date of transfer, or construction of
residential house within 3 years of transfer. However,
please do ensure that the person taking advantage of this
tax exemption does not own any other residential house
property.

Q: Please
refer to column 1-4 of The Tribune, Sunday, May, 1998, on
the above subject.

2. In
answer to last question, it has been mentioned that
husband can make payment of house rent to his wife and
the house rent paid to her shall be excluded from the
total income of the husband.

It will be most
appropriate, if in answers to such questions relevant
rules are quoted/reproduced. Please let me know the rules
under which above mentioned exemption is available.

 J.S.
Guliani, Chandigarh

Ans: In
respect of house rent payment by an employee to his wife
the benefit of tax exemption of the house rent allowance
would be permissible as per rule 2A of the Income-Tax
Rules, 1962.

by Praful
R. Desai

Proper
discretion

Q.: While
claiming back arrears could parity be claimed with
employees who stand on different footing?

Ans: This
point came up for consideration before the S.C. in the
case of Ravooj MA v Senior Divisional Signal &
Telecommunication Engineer (1998-II-LLJ-1278).

The appellant was
prematurely retired from service but was ordered to be
reinstated on his representation. He was claiming full
back wages for the intervening period.

The S.C. opined that the
appellants case is not a case of political or
personal victimisation. As per the guidelines of the
railways, in his case it would not be appropriate to
treat the period during which he did not work as on duty
or to allow him full salary for the period. As per the
guidelines this period has to be treated as leave due and
admissible, which has been done in the present case. The
authority ordering reinstatement has applied its mind to
the facts of the appellants case and has given
appropriate directions as to how the intervening period
is to be treated. Thus, the S.C. did not find any reason
to interfere with the discretion so exercised.

The only ground urged by
the appellant is that some other persons have been given
the benefit of pay for the entire intervening period.

This, by itself, is no
help to the appellant, in the opinion of the S.C. If the
person who is reinstated with full pay during the
intervening period was a victim of personal or political
vendetta, he would be entitled to full pay as per the
guidelines.

In one case, it seems that
the authority under the payment of Wages Act directed
that pay should be given to the reinstated employee for
the intervening period.

That order, in the opinion
of the S.C., also cannot be considered as a precedent
which should be applied in all the cases, much less when
the guidelines issued by the Railway Board are clear and
the discretion has been properly exercised in the present
case.